Sexual misconduct is defined as any unwelcome sexual behavior that is committed by coercion, manipulation, or force. It can occur in the workplace, on the street, or within a household. Sexual misconduct is committed by various types of individuals, regardless of sex. It can also occur between individuals of the same or opposite sex. If an individual is convicted of sexual misconduct, they may face a long incarceration sentencing, lifelong supervised parole, steep court costs and fines, lose their job, and be required to register as a sex offender in their community. If you have been the victim of sexual misconduct, you may want to reach out to an experienced criminal offense lawyer.
Civil Lawsuits vs Criminal Prosecution
Civil lawsuits put the accused against the accuser in court. When the alleged victim files a lawsuit stating that they were the victim of sexual misconduct, they must state how they are emotionally distressed, why they are in need of lost wages and medical expenses, and explain any physical injuries sustained. However, criminal prosecution is the action made on behalf of the general public for the purpose of punishing the accused (for example, a couple who had sexual relations in public). The state brings the case forward in criminal prosecution and if a conviction is made, the accused may have to pay financial restitution. However, this amount will most likely be far less than the accuser would receive in a civil lawsuit settlement, so it is advised that you pursue a civil lawsuit in a direct misconduct case and not go through your state.
Standard of Proof
In a criminal case, the “standard of proof” (what it takes to convict the accused) is much higher. If no logical conclusion can be formed other than that the accused committed the crime, they are convicted. The state must prove that the accused is guilty without a doubt, or “beyond reasonable doubt” as the court states. They must also provide clear and convincing evidence and preponderance of evidence. In civil cases, however, the standard of proof is way lower. Evidence is usually more prominent in a civil lawsuit case, as it is more personal.
Contact an Attorney
You should reach out to a criminal offense lawyer if you are considering pursuing a lawsuit for sexual misconduct such as the sexual assault lawyer Phoenix AZ locals turn to. They can help further assist you in court, in your claim, and make sure that you receive a fair compensation in the settlement.
Thanks to authors at Lorona Mead Attorneys at Law for their insight into Criminal Defense Law.add media